The Independent Police Conduct Authority has found police were justified in firing a total of 49 rounds and killing murder suspect Anthony Fane after a long pursuit in Tauranga last year.
Photo: RNZ / Richard Tindiller
Fane and his brother were suspected of a double homicide at Omanawa Falls on 11 February 2020, and Fane was also believed to have killed his partner on 9 February.
On 13 February, four Armed Offender Squad officers were deployed on a "reassurance patrol" in Tauranga when they came across Fane in a Ford Falcon, and a pursuit began.
Fane fired shots at police on five separate occasions while driving through residential Tauranga streets, including once outside a retirement home.
The pursuit concluded on State Highway 2 when Fane came to a stop, and two of the officers fired 49 rounds into Fane's car.
The Falcon rolled forward before coming to a stop in some bushes, where Fane died.
The authority said the shooting was justified in shooting Fane.
"The AOS officers displayed a high level of professionalism in relation to this matter, and their concern as to the risk to life at the time was clear," Authority Judge Colin Doherty said.
"We accept that their response to the circumstances in shooting at Fane was the only available option given the risk he posed to them, other police officers who may have come upon him, and members of the public.
"The officers' intention was only ever to incapacitate Mr Fane to eliminate the risk he was posing.
"His death was a tragic, albeit foreseeable, consequence."
The authority was, however, critical of the police's intelligence team.
It did not provide information that Fane could be driving a Ford Falcon to staff, despite knowing he owned the vehicle.
It also discounted the fact he could be in Tauranga, instead of thinking he would be in Auckland or the South Island, leaving staff unprepared for an encounter.
The authority's report said Fane appeared to be seeking to engage in a shootout with police, rather than flee, and so it was fortunate he came across armed officers.
"There was no general arming of staff in the Bay of Plenty at the time.
"It is simply fortuitous that the officers he came upon were experienced AOS officers who were armed and conducting reassurance patrols.
"If, for example, Fane had instead been signalled to stop by a Public Safety Team or Road Policing member between Pukekohe and Tauranga, there would have been significant risk to their safety.
"They would not have been aware of the threat he posed to Police and would not have been prepared for an encounter with a dangerous armed offender."
The authority said the information provided by police intelligence to AOS and general staff was inadequate.